Fight for New York Post Heats Up In Court, in Newsroom and in Print

By WILLIAM GLABERSON

Published: March 16, 1993

The New York Post, which has survived the New York newspaper wars since 1801, sought bankruptcy protection yesterday under its current owner, Peter S. Kalikow, after failing to publish yesterday's issue.

The missed issue came amid a battle between The Post's staff and the man who is taking over the newspaper from Mr. Kalikow, Abraham Hirschfeld.

Yesterday, Mr. Hirschfeld began and then abandoned a mass layoff, in a day of disruptions that Post veterans said could fatally injure the paper.

On his first full day in control of the weakened newspaper, he had security guards hand out form letters informing 71 people, 10 percent of the staff of 700, that their services were no longer needed, amid indications he was planning to let as many as 200 other people go. Then late in the day, he met with union leaders and agreed to revoke 50 of the dismissal notices and to immediately lay off only about 20 managers. Protected From Creditors

Post employees who believed they still had jobs prepared what amounted to a rebellion issue for today that included negative articles about Mr. Hirschfeld and his new co-publisher and editor in chief, Wilbert A. Tatum, who publishes The Amsterdam News.

The cover for this morning's issue included a drawing of Alexander Hamilton, who founded The Post in 1801, with a tear rolling down his cheek.

In front of photographers and television cameras as the paper rolled off the presses, the managing editor, Marc Kalech, said: "This issue is a heartfelt plea from the paper's staff to Abe Hirschfeld to sell the paper. In the end I think he'll understand our plea." Page after page of the newspaper contained articles on The Post and Mr. Hirschfeld, including a Page Six cartoon of him in a straightjacket.

The bankruptcy filing means The Post is protected from creditors and its owner can take broad measures that otherwise might not be permitted under commercial and labor laws, including those affecting layoffs. Some people involved in the purchase talks said yesterday that Mr. Hirshfeld had indicated that he and Mr. Kalikow began considering the filing last week.

As the battle for The Post has become a public performance, it has drawn an audience across the city and beyond, with other media organizations making the players familiar personalities. Their flaws and battles have become the talk of the town, especially those of Mr. Hirschfeld, who was given the chance to buy the paper on Friday because he appeared to be the only suitor with the money to handle its losses.

But some of those who have been through countless near-death experiences for The Post said yesterday that the mood at the newspaper had changed dramatically in the three days since Mr. Hirschfeld gained control. People who have perfected gallows humor said that the situation now appeared so grave that they could no longer laugh.

Peter Faris, the Post senior vice president for editorial and business who has, in effect, run the newspaper since it was owned by Rupert Murdoch in 1980, received a form letter with his name scribbled in at the top terminating his employment.

"Clearly with Abe Hirschfeld, it is going to die," Mr. Faris said, "and it is going to die very quickly." Mr. Faris's layoff was apparently not one of those that was revoked.

Mr. Hirschfeld did not return telephone calls yesterday. But in the past he has said his only interest is in saving The Post.

The bankruptcy filing appeared aimed, in part, at giving whoever eventually owns The Post the power to lay off employees without regard to union contracts because the courts have allowed employers to reject union agreements while companies are in reorganization. Mortimer B. Zuckerman, the publisher of the Daily News, used that tactic to dismiss more than 170 News employees when he purchased that newspaper.

It also appeared that Mr. Hirschfeld, who does not formally own The Post, was attempting to box out Steven Hoffenberg, who had been the expected buyer until last Friday. Mr. Hoffenberg is now a creditor of the newspaper, which, he says, his company lent $6 million. Hoffenberg Not Giving Up

Mr. Hoffenberg is also in a dispute with Mr. Hirschfeld because Mr. Hirschfeld abandoned their partnership agreement and cut Mr. Hoffenberg out of the deal to buy The Post. Mr. Hoffenberg is unlikely to be able to continue legal challenges he began Sunday night against Mr. Hirschfeld because of the bankruptcy filing.

Late yesterday, Francis G. Conrad, the Federal bankruptcy judge, issued a restraining order barring Mr. Hoffenberg from interfering in the operation of The Post, at least until another hearing scheduled for Friday.

"I'm not the one interfering in the operation of the newspaper," Mr. Hoffenberg said in court. "He's the one interfering in the operation of the newspaper," he said of Mr. Hirschfeld. Planned for Filing

Mr. Kalikow's lawyers, apparently with the cooperation of lawyers for Mr. Hirschfeld, filed a petition to reorganize The Post company at 8:55 A.M. yesterday. Mr. Kalikow has been trying to sell the newspaper for about a year and has been in personal bankruptcy for some time.